Disposed

Mazhar Hussain v. Mumbai Municipal Corporation

Bombay HC10 Dec 2012WP/2950/2012

Case brief

AI extract

What is this about?

The Bombay High Court directed the Deputy Municipal Commissioner to expeditiously address the petitioner's grievances regarding an unauthorised structure that had been pending for over two years, ordering a decision within four weeks.

What did the court decide?

Direction to the Deputy Municipal Commissioner to consider the grievance and pass an appropriate decision within four weeks following due process of law.

Mazhar Hussain Vs Mumbai Municipal Corporation — Writ and Judicial Review | Bombay HC (2012)

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WPL2339.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO.2339 OF 2012

Mazhar Hussain

..... Petitioner

Versus

Mumbai Municipal Corporation & Ors. ..... Respondents

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Mr.P.J.Thorat for the Petitioner.

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Ms.K.R.Punjabi for the Respondent – B.M.C.

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CORAM : A.M.KHANWILKAR & R.D. DHANUKA, JJ. DATED : 10th DECEMBER, 2012

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P.C. :

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This is yet another matter where the petitioner has made grievance of respondent nos. 1 and 2 in not taking action in respect of the unauthorised structure referred to in the petition. It is not in dispute that the Corporation is the planning authority. From the record, it appears that the complaint was made to the officers of the Corporation mentioned in communication dated 15^th December, 2010 Ex.A but was of no avail.

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In the circumstances, we dispose of this petition with direction to the Deputy Municipal Commissioner to consider the grievances of the petitioner made in this petition in particular complaints from time to time about the unauthorised structure and take appropriate decision in the matter as may be advised expeditiously after following due process of law. That may be done

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WPL2339.12

within four weeks from today and decision so taken be communicated to the petitioner within the same time.

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Petition is disposed of in the above terms.

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We may place on record that similar grievances have been made in large number of matters, in which, the court is required to pass similar orders in atleast couple of matters everyday against the Corporation. It would be appropriate that Corporation evolves some internal correctional mechanism which would bring quietus to atleast some of the complaints one way or the other. If such complaint is received by the official who is authorised to take decision thereon, he is excepted to proceed in the matter in accordance with law expeditiously in any case within a reasonable time and not to keep the complaint pending for over two years as has happened in the present case.

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We hope and trust that the Commissioner will examine this aspect of the matter and issue directions and provide a proper mechanism for redressal of such grievances at different level across the Corporation.

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Copy of this order be forwarded to the Commissioner for information and necessary action.

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(R.D.DHANUKA, J) (A.M.KHANWILKAR, J)

Mazhar Hussain v. Mumbai Municipal Corporation

Case brief

What is this about?

What did the court decide?

Mazhar Hussain v. Mumbai Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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